Court summons sought for British citizen accused of serving in Israeli military

A legal group has applied for a court summons to prosecute a British-Israeli who allegedly served in the Israeli military, with an initial hearing expected in the coming weeks.

The case is the first such application since Britain recognised the state of Palestine in September, which makes Palestine a "friendly state" in legal terms.

Court documents submitted on Monday by the International Centre of Justice for Palestinians (ICJP), seen by Middle East Eye, detail alleged violations of the Foreign Enlistment Act (FEA).

According to the act, it is a crime for a UK national to serve in the military of a foreign state at war with a friendly state.

The British-Israeli dual national allegedly served in the Israeli military's Lebanese border unit and in the occupied West Bank.

The ICJP's submission quotes expert witnesses saying that the individual, not a resident Israeli, is not legally obliged to serve in the Israeli military and so appears to have done so voluntarily.

The legal documents note that during the time the individual allegedly served in the military in 2024, Israel was at war with Palestine, Syria and Lebanon - all of which were at peace with the UK.

Central to the legal argument is that Palestine is a state according to the Foreign Enlistment Act.

The court documents argue that the FEA's definition of a state is broader than the definition under international law and encompasses Palestine within it.

The Hind Rajab Foundation: Pursuing Israeli soldiers worldwide for Gaza war crimes

Read More »

The act describes a "foreign state" as "any foreign prince, colony, province, or part of any province or people, or any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people".

Offences under the FEA can be punished with up to two years imprisonment.

The ICJP's head of legal, Mutahir Ahmed, described the warrant application as a "significant step in holding suspected war criminals accountable within domestic jurisdictions for offences that they have committed outside of their home countries.

"War criminals must be held accountable for their role in the genocide, from the most senior generals to the most junior foot soldier."

'That excuse is gone'

Jonathan Purcell, the ICJP's head of public affairs and communications, told MEE: "The previous government used the flimsy excuse that UK non-recognition of Palestine meant that this law wasn’t being broken.

"But now, even that excuse is gone," he added.

"The government has no arguments left to hide behind to explain why they refuse to hold British citizens accountable for their decision to join the IDF, an organisation that has carried out a horrific genocide against the Palestinian people."

Dozens of Israeli soldiers identified in ICC complaint on killing of Hind Rajab

Read More »

In September London's Royal College of Defence Studies (RCDS) announced it will not enrol students from Israel from next year. The college is part of the Defence Academy, overseen by the Ministry of Defence.

The announcement comes after Declassified reported in July that Israeli army officers had been studying at the RCDS since 2023.

One officer, Yeftah Norkin, commanded a patrol company during Israel's 2008-2009 war in Gaza, in which hundreds of children were killed.

But the government has previously refused to comment on UK nationals fighting for the Israeli military, and no arrests have ever taken place on those grounds.

In July, Belgian police arrested two Israeli soldiers facing accusations of war crimes in Gaza following a complaint by two rights groups, including the Brussels-based Hind Rajab Foundation, which has pursued war crimes cases against Israeli soldiers and officials in Europe and Latin America.

Its founder Dyab Abou Jahjah has told MEE that it has more than 8,000 pieces of evidence documenting war crimes by Israeli soldiers in Gaza.